| 12.1. | In terms of section 10 of the B-BBEE Act, every organ of state and public entity must apply any relevant code of good practice issued under that Act. In terms paragraph 4 of Statement 003, a sector code enjoys equal status with that of any other code. In terms of paragraph 3 of Statement 000, any enterprise that undertakes any business with any organ of state or public entity and any other enterprise which undertakes any business with such enterprise, and which seeks to establish its own B-BBEE compliance, are measurable under the relevant Codes of Good Practice, including this LSC. |
| 12.2. | This LSC shall accordingly be applicable to and binding on all organs of state and public entities to the extent set out in paragraph 12.5 herein. |
| 12.3. | The following legal entities and advocates who elect to be measured in terms of, and benefit from, the provisions of the B-BBEE Act and B-BBEE policies may only be measured for compliance in terms of this LSC: |
except in the case of ELEs in defined categories, all law firms registered with the LPC whether they are sole practitioners, partnerships or incorporated legal entities; and
advocates
all advocates who are enrolled and registered on the roll of practicing advocates with the LPC and practicing as such.
| 12.4. | All references in this LSC to LSMEs shall be to those which/who have elected to be measured in terms of and benefit from the provisions of the B-BBEE Act and B-BBEE policies and practices. |
| 12.5. | The following organs of state and public entities shall be measured under this LSC insofar as it concerns the procurement of legal services: |
| 12.5.1. | office of the state attorney and all organs of state and public entities whose primary focus is the procurement of legal services on behalf of the state from law firms and advocates; |
| 12.5.2. | all organs of state other than those referred to in paragraph 12.5.1 of this LSC which procure legal services from law firms and advocates; and |
| 12.5.3. | Legal Aid South Africa. |
| 12.6. | Notwithstanding anything to the contrary contained herein, all private sector entities that provide legal services to the public or procure legal services and notwithstanding that they are measured in terms of a different industry sector code, may nevertheless elect to submit their reports to the Charter Council reflecting the extent to which their procurement of legal services complies with this LSC. |
| 12.7. | It is specifically recorded herein that this LSC shall not apply to and be binding on: |
| 12.7.1. | private sector entities that are measured in terms of a different industry sector code; and |
| 12.7.2. | save for the provisions of paragraph 12. 6, legal practitioners who are not enrolled and registered as practising legal practitioners with the LPC. |
